Legal Opinion
Withers v. Commissioners' Court of Bandera County
Court of Appeals of Texas
Decided February 13, 2002No. 04-01-00322-CVPublishedCited by 3 opinions
1Opinion of the Court
Opinion by
PHIL HARDBERGER, Chief Justice.
The sole issue presented in this appeal is whether a petition for a tax rollback election is invalid if it does not include the birth dates of the signatories. Because the absence of the birth dates does not render the petition invalid, we reverse the trial court’s order. The law should not prevent the voice of the people from being heard by the application of an empty technicality.
Background
The appellants filed a petition for writ of mandamus seeking to compel The Commissioners’ Court of Bandera County (the “Commissioners’ Court”) to accept their…
2Cases cited9 opinions
- Anderson v. City of Seven PointsTexas Supreme Court · 1991
- City of Garland v. Dallas Morning NewsTexas Supreme Court · 2000
- Fleming Foods of Texas, Inc. v. RylanderTexas Supreme Court · 1999
- Johnson v. City of Fort WorthTexas Supreme Court · 1989
- In Re BellTexas Supreme Court · 2002
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3Cited by3 opinions
- Dos Republicas Coal Partnership v. David Saucedo, as Floodplain Administrator and County Judge of the Maverick County Commissioners Court, and the Maverick County Commissioners CourtCourt of Appeals of Texas · 2015
- Faye Comte and Laura Severt v. Smith County Commissioners Court and Joel P. Baker, Cary Nix, Jeff Warr, Joann Hampton, and Terry Phillips, Each in His or Her Official Capacity as a Smith County Commissioner, Texas Court of Appeals, 6th District (Texarkana)2014
- the City of San Marcos, Texas v. Sam Brannon, Communities for Thriving Water-Flouride Free San Marcos, and Kathleen O'Connell, Texas Court of Appeals, 3rd District (Austin)2015